STATE OF MAHARASHTRA Vs. RAJENDRA NARAYANRAO GAIKWAD

JUDGEMENT

(1.) THESE two appeals challenge the judgment and award dated 6.7.2006 in Land Acquisition Reference No. 62 of 2005, whereby the learned Reference Court (1st Adhoc Additional District Judge), Beed, partly allowed the reference of the claimant. (For the sake of convenience, the parties are referred to as 'the claimant' and 'the acquiring body').

(2.) THE claimant is owner of part of the land survey No. 149 of village Bobade Taraf, Beed, admeasuring 3 Hectare, 5 R. This land, along with other lands, was proposed to be acquired for the purpose of erection of 220 KV Sub Station at Beed. Notification under Section 4 of the Land Acquisition Act, 1894 (Henceforth, 'the L.A. Act'), came to be published in the Government Gazette dated 2.12.1999, and in the village on 21.11.2000. Declaration under Section 6 of the L.A. Act was made on 11.10.2001. After calling objections from interested persons, the Special Land Acquisition Officer ('SLAO' for short) passed award on 12.9.2003. Under this award, market price payable for the claimant's land was determined by SLAO at the rate of Rs. 107 per square mtr. However, while declaring the award, the Collector reduced the same to Rs. 75/ - per square meter. The possession of the land was taken by private negotiations on 28.10.1997. After this award, the claimant accepted the amount under protest and submitted a reference under Section 18 of the L.A. Act, which was referred to competent Civil Court.

(3.) BEFORE the Reference Court, the claimant examined himself and also produced, certified copies of five sale deeds, as comparable instances (annexure 'A' to this judgment). On behalf of the acquiring body, no oral evidence was laid. However, it had produced certified copies of 20 sale deeds (Annexure B to the judgment). According to acquiring body, market price determined by the SLAO, is adequate.